General decision (33,-666)
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Keywords: General decision
Total judgments found: 145
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Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaints are seeking to have quashed decisions whereby the Administrative Council [...] refused to revise the application to them of the staff pension scheme [...]. Thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."
Keywords:
adjustment; application for quashing; competence of tribunal; decision; executive body; general decision; individual decision; pension; pension adjustment system; receivability of the complaint; refusal;
Judgment 103
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks to have a general administrative instruction making various amendments to the Staff Regulations set aside, "without adducing any decision applying any one of these amendments to his particular case. Thus he does not allege non-compliance with any of the terms of his contract of employment, nor, in general, any violation of his official status." The Tribunal is not competent to hear the complaint.
Keywords:
administrative instruction; amendment to the rules; application for quashing; competence of tribunal; enforcement; general decision; individual decision; staff regulations and rules;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
When a complainant seeks to have a general provision abrogated, "the Administrative Tribunal must confine itself to considering the legality of the provision and, if it is found to be invalid, to rescinding the decision by which it was applied or the consequential decisions [...]. The Tribunal must consider whether [the material provision] is in contradiction with a general principle of law, and if so, whether the decision impugned should consequently be rescinded."
Keywords:
application for quashing; competence of tribunal; enforcement; general decision; general principle; individual decision; judicial review; provision; staff regulations and rules;
Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Decisions of a general nature "could be contested before the Tribunal only within the period of 90 days specified in Article VII, paragraph 2, of the Statute of the Tribunal [...]. The said decisions were not contested within the required time; they became final so far as the complainant is concerned and irrevocably modified, prior to the date on which her pension rights were settled, both the terms of her contract of appointment and the regulations applicable in her case."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
amendment to the rules; complaint; general decision; pension; pension entitlements; provision; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The said letter, whatever its intent, constitutes an individual decision in respect of which non-observance of the terms of the complainant's appointment as laid down in his contract and in relevant regulations is alleged; hence the Tribunal is competent, under Article II, paragraph 5, of its Statute, to proceed to review it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; general decision; individual decision; receivability of the complaint; terms of appointment;
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